Kamal Nath's remarks on controversial circular on transfer of judges kick up a row

The ruling party's campaign against the judiciary is in full cry. After Union Law Minister Shiv Shankar's controversial circular on the transfer of additional judges, ebullient Congress(I) MP Kamal Nath, 35, picked up the hatchet in Parliament last fortnight.

In the course of a speech in favour of the Finance Bill in the Lok Sabha, Nath said: "I think a stage has come when the judiciary is tampering with the executive and is trying to usurp the powers of the executive." He concluded his tirade by saying, "I would not like to act as an enemy of the people by not protesting against the irresponsible and obstructionist judiciary."

Significantly, none of the half-a-dozen Cabinet ministers who were present when Nath delivered his salvo rose to dispute his assertions. The Opposition and lawyers took this as indicative of prevailing opinion in the Congress(I). The wordy assault was seen as part of a plan to demoralise the judiciary. Says Harikesh Bahadur of the Democratic Socialist Forum: "Congress(I) leaders cannot survive in their party if they do not join in the chorus against the judiciary."

Sen: 'A dissenting voice and Tulzapurkar'

Lawyers and judges reacted sharply to Nath's speech. The Supreme Court Bar Association, in a meeting presided over by A.K. Sen, its president and a senior Congress(I) MP, passed a resolution by 92 votes to 22 calling Nath's aspersions on the judiciary "unwarranted". Supreme Court Chief Justice Y.V. Chandrachud was reported in an English daily as saying: "A stay application takes as long as this and we are accused of dereliction of duty. We hope those who address the nation do so with an equal sense of responsibility." He was referring to the stay application in the edible oils pricing case which had been argued for over four hours by legal luminaries like Nani Palkhivala. Justice V.D. Tulzapurkar added his voice to the protest: "Just because they are in Parliament they can say anything they like because they are immune. They are enlivening the debates of the House by saying that all that judges do is to sit back in their chairs."

Pressure Tactics: Opposition leaders and senior advocates believe that the recent attacks are meant to pressurise the judiciary into following the ruling party's line in the matter of filling the two vacancies in the Supreme Court and the over 75 vacancies in the 18 High Courts. And the pressure was being maintained last week when Nath and K.K. Lakappa, another Congress(I) member of the Lok Sabha, gave notice of breach of privilege against Chandrachud for making remarks against members of Parliament.

Says Ranjit Mohanty, chairman of the Bar Council of India: "Recent statements on the judiciary made by Prime Minister Indira Gandhi, Maharashtra Chief Minister A.R. Antulay, and Law Minister Shiv Shankar clearly indicate that they want to curb its power through a constitutional amendment."

Congress (I) leaders emphatically deny that Nath's attack is representative of the party's attitude. Said Congress (I) lawyer and parliamentarian Sen during the meeting of the Bar Association: "If what has been ascribed to Kamal Nath was true, then the MP's remark should be termed as unfortunate and deplored as acts of a single erring member."

There are divergent views about the motivation for Nath's sudden frontal attack on the judiciary-it may be a tactic on his part to improve his personal standing with Mrs Gandhi or he may be being used as a battering ram by the Congress(I) bigwigs.

However, it is clear that the ruling party looks upon the judiciary as a major impediment to the implementation of its poll promises. Says one party veteran: "We should ponder the impact of the stay order granted by the various courts regarding the recovery of Rs 175 crore worth of income tax arrears. And why the delay in pronouncing judgment on the petition challenging the validity of the Special Bearer Bonds which would have fetched the exchequer Rs 1,000 crore?"

Ruling party stalwarts are also jittery about the Supreme Court and other courts taking up civil liberty petitions filed by citizens on behalf of the actual sufferers and, in the process, forcing state governments to furnish details of the functioning of various departments.

In the last few months, the courts have pulled up the Government for violating directives on issues like the Bhagalpur Windings and the bonus payment to the employees of the Life Insurance Corporation: the courts' orders were not carried out quickly enough.

Such exacting demands have irked the executive; says a young advocate of the Delhi High Court: "Since the judges have started probing the exact motives behind every move of the Government, they have become the ruling party's biggest enemies." It looks as if the judiciary and the executive are squaring off for a battle royal.

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